MDC-T, which has so far filed 95 petitions with the Electoral Court challenging some of the results in the National Assembly elections, says it could be forced to withdraw the petitions owing to the prohibitive security of costs charged by the Registrar of Courts.
Report by Staff Reporter
Security of costs is a deposit that the petitioner is required to pay to the Registrar of Courts before their petition is set down for hearing.
The Registrar has set $10 000 as security of costs fee for each election petition filed with the Electoral Court and the money has to be deposited before cases are heard.
MDC-T spokesman Douglas Mwonzora on Tuesday said his party could not raise $1 million that would be required in security of cost fees and could therefore be forced to withdraw the petitions.
The law allows for the withdrawal of petitions from the Electoral Court.
“The $10 000 is unprecedentedly high and it is meant to discourage the MDC from pursuing its cases because the total sum will amount to $1 million if we pay for all cases, money which the MDC does not have and which most of the candidates do not have,” said Mwonzora.
Mwonzora said his party had since engaged the Registrar and the Zimbabwe Electoral Commission to have the figure revised downwards.
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Outgoing Deputy Minister of Justice Obert Gutu said the security costs were prohibitive and suggested a figure of $2 000 would have been more acceptable.
“Justice is supposed to be accessible and definitely $10 000 does not make it affordable given that more that 80% of Zimbabweans are poor. Just ask yourself how many people in this country earn $10 000 a year,” said Gutu.
Gutu said because the petitions would not be heard in a trial format, a security cost fee of $2 000 would have served the ends of justice.
“Your normal mundane court petition should not cost you more that $2 000 because it won’t be long and there will be no witnesses involved,” he said.
Most of the MDC-T petitions are being handled by Gutu and Chikowero Attorneys.
